Electronic signatures are regulated by the Law 14.603/2020 and the Provisional Measure Order 2,200-2, which established the Brazilian Public Key Infrastructure (ICP-Brasil). Article 4 of this measure outlines the classifications of electronic signatures: simple (without a digital certificate), advanced (using a certificate not issued by ICP-Brasil), and qualified (using a digital certificate validated by ICP-Brasil). ICP-Brasil (Brazilian Public Key Infrastructure) is a hierarchical chain of trust that enables the issuance of digital certificates for the virtual identification of individuals and companies.

The current legislation endorses the aforementioned types of electronic signatures, yet only the qualified signature boasts greater efficacy and legal security since its authenticity can be verified on the official website: www.validar.iti.gov.br.

Moreover, a recent legislative innovation introduced by the Law 14.620/2023 obviates the need for two witness signatures for the constitution of an extrajudicial executive title in documents digitally signed through electronic certificates provided by ICP-Brasil, presuming the terms agreed upon by the contracting parties to be true.

Although it is becoming an increasingly common method, disputes involving digital signature of documents still causes significant controversy in precedents, with various interpretations on the topic, especially when the qualified signature, whose acceptance and validity are undisputed, is not used.  

Indeed, the use of signature platforms not certified by ICP-Brasil, such as Docusign, Mapdata, Totvs, among others, is what generates the most debate in Courts. There is still a view that such practices would not be valid due to the lack of accreditation with ICP-Brasil, leading to high risks for those involved since significant documents can be disregarded, especially if the opposing party challenges them. On the other hand, there are precedents recognizing the validity of this type of certification, particularly when the signature is made using a digital certificate issued by a certifying authority accredited by ICP-Brasil.

Thus, considering the legislation recently consolidated on the subject, as well as the highlighted controversial points present in precedents, it is advisable to prioritize the digital signing of documents through digital certificates validated by ICP-Brasil, which will ensure greater legal security to the contracting parties/declarants, avoiding disputes about the validity of digital signatures.